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Clare, Family Solicitor

Category: Family Law

Satisfied Customers: 34121

Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years

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I want to separate from my partner. We are unmarried. We

Customer Question

Hello, I want to separate from my partner. We are unmarried. We have a 5 year old together. We live in my house with my sole name on mortgage. He pays slightly more monthly into our joint account as he earns twice my salary. Legally, does he have a claim on my house? What would I do to evict him? Would any other joint assets come into bear? Thanks

I am afraid that he does have a financial claim on the property given the fact that he has contributed so much towards the household budget which has allowed you to make overpayments on the mortgage.

He may also have a claim arising out of the landscaping he funded - but that is less clear unless he obtains confirmation that the work that he has funded has enhanced the value of the property

However these are financial claims and do not give him the right to live in the property - and they certainly do not amount to a 50/50 split or anything close.

If you wish him to leave you need to give him "reasonable written Notice to leave " - at least two months in your case - and at the end of that time you can change the locks.

It would be sensible given the fact that you have a child together to discuss his moving out - and whether he will accept a larger share of the joint assets in lieu of his claim on your property - using Family mediation

www.familymediationehlpline.co.uk

I hope that this is of assistance - please ask if you need further details

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